CLC - Case 38 Analysis Template

Part 1: Case Analysis

1. Brief summary of the case:

Miguel Hernandez was the star quarterback at Nottingham High School. During a game
in his sophomore year, he was left paralyzed from the waist down. As a result, he had to
get around by wheelchair and participate in a rehabilitation program. When he and his
parents were eager for him to return to Nottingham, his parents had a meeting with the
high school counselor, Ms. Gusman, to request his return and ensure everything would be
suited for him. The school counselor assured the parents that once the school received
permission from his physician, he would be able to return. A couple weeks later, Miguel
returned to school and had a meeting with Ms. Gusman. He discovered that his schedule
had been rearranged because the biology room was not wheelchair accessible. However,
that was a course Miguel needed for college credits but not to graduate. When his
parents were informed, they contacted the school, had a meeting with the principal and
counselor, and it ended with Mr. Hernandez introducing the school personnel to their
attorney, which made mention of Section 504 of the Rehabilitation Act of 1973.

2. Identify the issues to be resolved:

 School is not meeting the physical needs of a student
 The school made an academic change and did not involve or communicate with the
parents

3. Stakeholders involved in the issues:

 Principal
 School Counselor
 Miquel Hernandez
 Mr. and Mrs. Hernandez
 Attorney
 Physician

4. Background information on requirements of the Individuals with Disabilities Education

Act and Section 504 of the Rehabilitation Act of 1973 as they relate to free and
appropriate public education:
According to Andrew M.I. Lee of Understood website
 Section 504 “provides a free appropriate public education for students with
disabilities, which gives each child access to the same education peers are
getting.”
 “Prohibits discrimination against people with disabilities in ‘programs and
activities’ that get federal funding.”
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  “It protects any student who has ‘a physical or mental impairment which
substantially limits one or more major life activities’.”

5. Additional information needed to make decisions:

 If there is any possible mental impairment that could hinder is academic abilities.
 Considering his support while in rehabilitation, will he be able to work effectively
without it.

6. Community resources (5-8) that can be used by school personnel and families in meeting
the needs of students with exceptionalities:
 DPI Website
 504 Website
 Therapists
 District’s Related Services and Quality Assurance Coordinator (Compliance
Coordinator)
 Social, Emotional Counselors

7. Possible solutions to the issues:

 Write a 504 Plan for the student and input a form of wheelchair access
 Miguel can virtually join the class
 Miguel stays in his current situation and takes the alternate class

8. One solution recommended by the CLC for students with exceptionalities:

 Write a 504 Plan for the student and input a form of wheelchair access

Part 2: Rationale
With your group, support the case analysis with a 500-750 word rationale explaining the
decisions you made and how those decisions:
 Support the school’s vision and mission and safeguard the values of democracy, equity,
and diversity.
 Promote social justice and ensure that individual student needs inform all aspects of
schooling
 Promote collaboration, trust, learning, and high expectations.
Cite the case and any other source documents as appropriate.

In summary of Case 38 (Hanson,2009), Miguel Hernandez is a student who was injured

during a school football game. As a result, we was paralyzed from the waist down. He endured

rehabilitation and progressed in his studies, and after, his parents decided he was ready to rejoin

Nottingham High School. Before his return, Mr. and Mrs. Hernandez met with the school’s

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counselor to review Miguel’s disabilities. They mentioned that his academics were not an issue,

but he was using a wheelchair. The counselor stated once they had the physician’s report he

would be able to attend. When Miguel began his attendance, he discovered his schedule had

been altered, and he was no longer in his much-needed biology course because there was no way

for his wheelchair to make it into the class. His parents discovered this change, and they asked

for a meeting the next day. The meeting ended with Mr. Hernandez introducing their attorney,

and the attorney making statements in reference to Section 504.

When viewing this case, there are a few problems noticed. First, it is interesting that the

school counselor did not write a 504 Plan during the first meeting with the parents. She

eventually was given health documentation; therefore, a plan could have already been put into

place in order to ensure Miguel was getting the support he needed. Second, according to the case

study, Miguel started in school two weeks later. Within this time frame, his schedule and school

route should have been covered to ensure that there were no obstacles on his way to classes. If

there were, then ramps could have been built or purchased before his official arrival. If the

schedule was created before his parents initially met with the counselor, then this could be

something completed altogether in order to collaborate with parents on what is best for their

son’s mobility. Thirdly, the school counselor was not in the right to change Miguel’s schedule

without first consulting him and/or his parents. By doing so, she created more issues for the

student that could possibly interfere with his future plans. Her actions also qualify as

discrimination by denying him access to a federal funded program.

The solution chosen for this situation is to create a 504 Plan for the student and to make

the school building more accessible. The reason for creating this 504 Plan is because the student

qualifies for obtaining support in order to assist him in meeting his goal. In this case, he needs

support added to the school grounds in order to ensure he can get to classes safely. By creating

and implementing this plan, it is a legal document that will follow him wherever he goes, and

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because his condition is permanent, this plan will apply to his future schools and work places.

Considering Miguel’s parents have already shared health documentation with the school, the

group will just need to collaborate and write the 504 Plan in order to ensure all areas needing

support are being met. Next, the building must be brought up to code. According to the case

study, the high school has been expanded in order to hold all students; however, due to a lack of

funds, areas of the high school have yet to be renovated. Because 504 Plans are not funded by

the government, the school will have to make their own arrangements for how to purchase or

build wheelchair accessible ramps. According to the case study’s background information, the

community rallies together for Nottingham football, and Miguel made an impact on his

teammates and community. Therefore, I would reach out to the community about the current

situation and have a fundraiser to help raise money for the necessary materials.

This original case study did not represent and honor diversity and equity. Rather, it

neglected students with physical handicaps and did not give necessary support in order for

everyone to obtain their goal. The original case also did not portray social justice or meet

students’ needs; however, it took away a student’s choice by not making discussed arrangements.

This solution gives Miguel an established 504 Plan, the assistance he needs to safely access all

classes, complete the classes he originally signed up for, gains community collaboration and

support, and puts him back on his college track.

Resources:
Hanson, K.L. (2009). Casebook for School Leaders: Linking the ISLLC Standards to Effective
Practice, Third Edition. Pearson.

Lee, A. M.I. “Section 504 of the Rehabilitation Act of 1973: What You Need to Know.”
Understood. Retrieved from https://www.understood.org/en/school-learning/your-childs-
rights/basics-about-childs-rights/section-504-of-the-rehabilitation-act-of-1973-what-you-
need-to-know

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